Though New Jersey is an “at-will” employment state, meaning employees can be terminated without cause in certain employment circumstances, there are many instances where employees may have valid wrongful termination complaints. Unfortunately, many terminated workers believe they do not have a wrongful termination complaint when, in fact, they do. Wrongful termination lawsuits typically stem from employers’ breaking federal or state discrimination laws, employment contracts, or labor laws, including whistleblower laws. Wrongful termination may also apply in retaliation cases stemming from[…] Read More
Category: Employment Law
What Is Considered Verbal Harassment in the Workplace?
Shouting, belittling, disparaging remarks, name-calling, and offensive or obscene language are considered verbal abuse in the workplace, as are harassing comments regarding an employee’s gender, race, or sexual orientation. Verbal harassment may be attributed to company owners, supervisors, managers, coworkers, and even clients, customers, or contractors. Employees are protected from verbal harassment under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. These federal laws also establish discrimination[…] Read More
Can My Employer Fire Me for Reporting Sexual Harassment?
Employers must investigate any reports of sexual harassment and not punish those who file such reports. Whether you are reporting sexual harassment that you experienced or that you might have witnessed happening to another worker, your employer cannot retaliate by firing you. Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to allow sexual harassment to occur in the workplace. It also makes it illegal to retaliate against a worker for reporting sexual harassment.[…] Read More
What Should I Do if My Employer Is Not Paying Me Minimum Wage?
The minimum wage in New Jersey is currently $13 per hour and will increase to $14.13 on Jan. 1, 2023. By law, employers are required to pay non-salaried employees at least minimum wage for certain job positions, and you have legal rights to receive minimum wage and to be paid for all time worked. Employers cannot skirt the law by demanding employees to work during unpaid times, such as breaks or lunch, adjust pay rates based on performance, or consider[…] Read More
What Is a Hostile Work Environment?
Some co-workers can be unfriendly, making your workdays unpleasant. While it might be hard to deal with, an employee who gets on your nerves is not necessarily breaking any laws. If the harassing behavior creates a hostile work environment though, you may have legal recourse. A hostile work environment is when offensive or unwelcome workplace behavior makes at least one employee feel intimidated, frightened, or uncomfortable. As far as making a legal claim in New Jersey, the behavior has to[…] Read More